Baldwin

This is an appeal from a judgment in favor of the defendants in an action commenced by the plaintiff to set aside a sale of real estate made under the power granted to the trustee in a trust deed. The facts out of which this litigation arose are practically undisputed and may be briefly summarized as follows:

On and prior to the twenty-fifth day of March, 1916, F. H. Baldwin and Margaret L. Baldwin were husband and wife, residing at Bakersfield, Kern County, California. On said last-named date F. H. Baldwin borrowed the sum of $2,000 from D. L. Brown, the defendant herein, and thereupon executed and delivered to said Brown his. promissory note for said sum of money, signed by himself and his wife as comakers thereof. The plaintiff herein alleged in her complaint that she signed said note only as an accommodation maker thereof, but this the defendant Brown in his verified answer denies, and alleges that the said plaintiff and her said husband signed said note as joint and several makers thereof and not otherwise. The trial court found in favor of the defendant Brown upon this issue. At the time of the execution of said note, and to secure the payment of the same, F. H. Baldwin and…